Jump to content



American expat avoids jail for negative review - reaches settlement with Koh Chang hotel


webfact

Recommended Posts

Just now, welovesundaysatspace said:

It was totally right to charge him for what he did. 
 

If that’s the case then somethings wrong with the system here but not with charging him. 
 

I hope the only one with egg on his face is that guy. 

Wrong. He is a tourist that will be quickly forgotten. This extremely tone deaf, incompetent and arrogant administration, will have egg on their faces for a long time, over this foolishness and very poorly timed pettiness. And the hotel will lose an enormous amount of business over this lack of goodwill. As far as the local franchisees go (the cops), their reputation could not be any worse, so no real loss there.

 

Horrible judgment all the way around. 

  • Confused 1
Link to comment
Share on other sites

I was under the impression that the defamation laws here were interpreted like this: if an individual believes that his or hers business/reputation/product etc etc is damaged in any way by comments made by another (whether true or not) then they can sue for defamation. ??

 

Many many years ago I left a review of an attraction in Pattaya, it's directly opposite Bangkok Pattaya hospital and has a go kart track and McDonald's next door ???? 

 

In the review I suggested that people would be better off visiting at night when the fairy lights are on, not long after someone was sued for defamation for a similar reason.

 

I hastily contacted the review site and had the offending review deleted.

 

You have to be so careful here, speaking the truth can cost you dearly in Thailand.

 

The above is a true story.

Edited by Golden Triangle
  • Thanks 1
Link to comment
Share on other sites

29 minutes ago, aroiaroi said:

This crazy story is starting to break internationally.

https://www.abc.net.au/news/2020-10-09/us-man-wesley-barnes-avoid-jail-thailand-over-bad-resort-review/12748666

It's completely backfired on the hotel. A settlement consisting of grovelling apologies ? Who are the children making these terrible business decisions ? Heads should roll.

 

The most important thing from that article:

 

"Tripadvisor is opposed to the idea that a traveller can be prosecuted for expressing opinions," it said in an e-mail to Reuters.

 

The damage they do to their reputation in Thailand is continuously self inflicted.

Link to comment
Share on other sites

21 minutes ago, vinny41 said:

I seem to recall a couple of days ago you posted you expected him to receive a massive payout from the Hotel what happen

I underestimated the stupidity of the hotel.

Edited by aroiaroi
  • Like 1
Link to comment
Share on other sites

5 hours ago, spidermike007 said:

The regime has once again decided to protect the bigger guy, over the smaller guy. This will not go over well, internationally. Everyone will see right through this badly engineered PR stunt. When faced with jail, and who knows what else, many of us would prefer to "apologize". 

wonder what happened to the 100,000 bail money. 3 guesses anyone?

Link to comment
Share on other sites

Just now, Kaopad999 said:

Again you keep saying they are just bad reviews. They were not just bad reviews. they were nasty comments attacking the hotel owner and accusing him of slavery. 

This is not the west though. And the American should have known that these are the laws in Thailand. Especially considering that he lives and works here. 

Well, let's help TAT own this law. They should be very proud of it seeing as it's the law, right? We need disclaimers on all websites where reviews can be left to explicitly state that anyone posting negative reviews could be jailed and/or imprisoned. Then people can decide for themselves if they wanna visit a country that locks people up so easily. 

 

Did he post nasty words? That's terrible. And online of all places. I'm beginning to think jail isn't strong enough!

Link to comment
Share on other sites

7 minutes ago, Mr Meeseeks said:

The most important thing from that article:

 

"Tripadvisor is opposed to the idea that a traveller can be prosecuted for expressing opinions," it said in an e-mail to Reuters.

 

The damage they do to their reputation in Thailand is continuously self inflicted.

Trip does like to have its cake and eat it 

TripAdvisor claims that they are not responsible for user generated content – but claims ownership of all posts

2018

“We see this as a landmark ruling for the Internet,” said Brad Young, VP, associate general counsel at TripAdvisor. “Writing fake reviews has always been fraud, but this is the first time we’ve seen someone sent to jail as a result.

TripAdvisor supported the prosecution as a civil claimant, providing evidence from its in-house fraud investigations team.

https://www.independent.co.uk/travel/news-and-advice/tripadvisor-fake-reviews-paid-fraud-jail-legal-case-italy-promosalento-a8534006.html

 

  • Haha 1
Link to comment
Share on other sites

Doesn't really matter if the bloke was in the wrong at this stage it is immaterial. Internationally it looks like he was threatened with jail and would say/do anything to get out of it. I mean who wouldn't!

 

More great publicity.

  • Like 2
Link to comment
Share on other sites

11 minutes ago, spidermike007 said:

True. But it was likely a really stupid fee.

All the more reason to dine elsewhere.


The hotel's rack rate is ฿10,000+. Although one will find reduced rates, that "advertised" rate sets a tone. One can assume the hotel's services will be on the pricey side. 

We often get good deals on higher priced accommodations. But, we will rarely dine in. 

 

  • Like 1
Link to comment
Share on other sites

20 minutes ago, spidermike007 said:

True. But it was likely a really stupid fee. 200 baht OK. Even 400 baht, maybe. It was likely 1,000 baht. Dumb and dumber. The hotel deserves all the bad press. Customer service is a really big deal, and being in the service industry, and forgetting that principal, can be costly. They are simply paying the price for being court jester fools. 

Here are some examples of where American companies  don't believe in they old saying the customer is always right

Top 5 Reasons Why ‘The Customer Is Always Right’ Is Wrong

https://www.huffpost.com/entry/top-5-reasons-customer-service_b_5145636

  • Like 1
  • Sad 1
Link to comment
Share on other sites

Apparently foriegn embassies have reported that this is not uncommon.
They will now probably have to give their citizens some travel warnings about Thailand, it's going to hurt tourism.

Given what was at stake, i'm suprised the TAT didn't flex their muscles and allowed the man-child hotel manager to even propose a settlement on those terms.
 

Link to comment
Share on other sites

4 minutes ago, Tchooptip said:

"When faced with jail, and who knows what else, many of us would prefer to "apologize". 

Of course, you are right Mike! Let me tell you I appreciate most of your (intelligent and well-balanced) comments

But "The regime has once again decided to protect the bigger guy, over the smaller guy." ...do you think the following comment about this hotel was honest? With a sentence like don't support this modern day slavery? Without forgetting that after discussion with the manager at the time of the facts he did not have to pay any supplement for his own bottle of Gin.

Screenshot 2020-09-27 at 14.30.32.png

The review was extreme. And there was obviously alot of animus on both sides. And do we know how the resort really treats their employees? I have seen many Burmese workers here facing significant abuse, condescending behavior and ugliness from their superiors and employers. So, we do not really know. 

 

But, who really had the most to lose?

 

1. Thailand and the reputation of Thai tourism. 

 

2. This resort. Major egg on their face. 

 

3. In the long run, the tourist lost the least. He will be soon forgotten. Not the incident. 

Edited by spidermike007
  • Like 1
Link to comment
Share on other sites

16 minutes ago, Kaopad999 said:

This is not the west though. And the American should have known that these are the laws in Thailand. Especially considering that he lives and works here. 
Again - thy were not just bad reviews . A 50 year old + man literally had a temper tantrum over corkage fees, and then decided to attack the hotel owner by accusing him of slavery. 

Not defending the American man but tis the internet. You've got to grow a pair when you go online. Try not to be upset when someone criticises or insults you in this space.

 

The hotel appears to have had a typical Thai child-like reaction to something very minor indeed. Tripadvisor removed the comments, this should have really been the end of it.

Link to comment
Share on other sites

10 minutes ago, rkidlad said:

They do need to be aware.

 

How about a disclaimer on all travel sites where it states you can be imprisoned for negative reviews of hotels in Thailand. Good idea? 

Sounds fair and reasonable to me. In that regard, maybe this incident has featured on the radar of some prospective visitors and they are more aware. We can only trust that tour operators, travel agencies, airlines, bloggers, vloggers and internet influencers also make sure it gets elevated in their disclaimers and the like. However, as @Crossy says, "I can EXPLAIN it to you, but I can't UNDERSTAND it for you."

 

 

 

  • Like 1
Link to comment
Share on other sites

It reminds me of the poor guy who stole a poster in North Korea and was forced to apologize publicly in tears. Otto Warmbier, the poor guy never made it home though. Good spot for the tourism and for the resort I mean, who doesn't want to go there now????? 

Link to comment
Share on other sites

Regardless of what happened it has become reminiscant of a downed pilot behind enemy lines who is forced in front of a camera to denounce everything.  Nobody in their right mind could believe that this has been dealt with fairly and evenly. The hotel handled the whole thing poorly from the start. When someone denounces you on a review the stock approach is " sorry you didn't enjoy your stay, however corkage is a standard charge in most hotels, next time you come back etc..." kill it quickly not just string up your customers in front of the world. Hotels, school owners, government officials, coconut tree climbing monkey owners, most Thais need to have a good look in the mirror and get real and in the right century.

Link to comment
Share on other sites

28 minutes ago, aroiaroi said:

i'm suprised the TAT didn't flex their muscles

I think the TAT has not much muscles. The whole country is led by "influential families", similar to a Mafia organisation. Just remember how another influential family from another island, Koh Tao, flexed their muscles to deviate the guild for this double murder away from the family and towards the two Burmese guys. The officials in this country, including the TAT, have to do as the influential families and the generals tell them.

 

Edited by Flying Saucage
Link to comment
Share on other sites

1 minute ago, spidermike007 said:

The review was extreme. And there was obviously alot of animus on both sides. But, who had the most to lose? 

 

1. Thailand and the reputation of Thai tourism. 

 

2. This resort. Major egg on their face. 

 

3. In the long run, the tourist lost the least. He will be soon forgotten. Not the incident. 

Yes sure! But also most people reading about this story had not seen the review itself I have seen it on Yahoo US,  a tourist could be jailed for a hotel review, nothing more!

As for the American man, being not a tourist but working in Thailand, maybe now he will have to be careful not sure that everyone will forget him including immigration ? I don't wish him because with my principles I don't wish harm to anyone so all the better if I'm wrong.

  • Like 1
Link to comment
Share on other sites

5 hours ago, RotBenz8888 said:

If these medias would report something about this, it'll only impact the hotel negatively. 

With the U.S. in the end run of the election how much do you think they will care.  As usual this will get a back page IF ANYTHING.

The damage has already been done and the fact that he has had to do all this is again nproof that saying anything negative about a hotrel is dangerous if you are in Thailand

 

  • Like 1
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.